Being charged with a firearms offence in Toronto is a serious matter. Gun-related charges are treated with particular scrutiny by Canadian courts and prosecutors—often resulting in strict bail conditions, mandatory minimum sentences, and life-altering criminal records. If you or someone you know has been charged with a firearms-related offence, it is critical to speak with an experienced firearms lawyer in Toronto as soon as possible.
At Lichtman Law, we defend clients facing firearms and weapons charges with precision, experience, and a deep understanding of both federal firearms legislation and local court procedures.
What Is Considered a Firearm in Canada?
Under Section 2 of the Criminal Code, a firearm is defined as:
“A barreled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person.”
This includes:
- Handguns
- Rifles
- Shotguns
- Antique firearms
- Modified or replica weapons (in some cases)
Even pellet guns, airsoft rifles, or starter pistols may be treated as firearms under certain conditions, particularly if they resemble real guns or are used during the commission of a crime.
Common Firearms Charges in Toronto
A firearms lawyer in Toronto can defend clients against a wide range of gun-related offences, including:
- Unauthorized possession of a firearm
- Possession of a prohibited or restricted firearm
- Possession of a firearm without a licence
- Unsafe storage of a firearm
- Carrying a concealed weapon
- Possession of a firearm in a motor vehicle
- Possession of a firearm obtained by crime
- Using a firearm in the commission of an offence
- Trafficking in firearms
- Importing or exporting firearms without authorization
Many of these charges carry mandatory minimum sentences, especially when combined with violence or other criminal offences.
How Firearm Charges Are Prosecuted in Ontario
In Toronto, firearms charges are typically prosecuted by the Crown Attorney’s office and handled in either the Ontario Court of Justice or the Superior Court of Justice, depending on the severity of the charge.
Key elements the Crown must prove often include:
- That the object in question meets the legal definition of a firearm
- That the accused knowingly possessed the firearm
- That the firearm was not properly stored, registered, or authorized
Depending on the charge, the Crown may also need to show intent, knowledge of illegality, or use of the firearm in a threatening or violent manner.
The Role of a Firearms Lawyer in Toronto
Hiring a criminal defence lawyer with specific experience in firearms cases is essential. A skilled firearms lawyer will:
- Review police conduct for Charter violations (e.g., unlawful searches or seizures)
- Challenge the legality of how the firearm was discovered or identified
- Cross-examine ballistics and forensic evidence
- Dispute the classification of the weapon (e.g., whether it qualifies as a “firearm” under the law)
- Negotiate with the Crown to reduce or withdraw charges
- Defend your rights at trial, if necessary
Many firearms cases hinge on technicalities, procedural errors, or issues with police evidence. A lawyer experienced in these matters can often build strong defences that lead to reduced sentences—or even full acquittals.
What Are the Penalties for Firearms Offences in Canada?
Penalties for gun charges in Canada vary depending on the type of offence, whether the weapon was used in the commission of another crime, and whether the accused has prior convictions. Some examples include:
| Offence | Potential Sentence |
| Unauthorized possession of a firearm | Up to 5 years (summary); 10 years (indictable) |
| Possession of a loaded prohibited firearm | Minimum 3 years (first offence) |
| Use of firearm during the commission of a crime | Minimum 4 years, up to life |
| Trafficking firearms | Maximum life imprisonment |
Sentences can be increased if the offence occurs in connection with organized crime, drug trafficking, or domestic violence.
Can You Be Denied Bail for a Firearms Charge?
Yes. In Toronto, courts often take a reverse onus approach to bail for certain firearms charges—meaning the accused must prove why they should be released, rather than the Crown having to prove why they should be detained.
A firearms lawyer plays a crucial role in presenting a strong bail plan, which may include:
- Sureties (people responsible for supervising you)
- Strict release conditions (curfews, residence requirements)
- No-contact or no-possession orders
- Electronic monitoring in some cases
Getting bail is one of the most critical early stages in a firearms case and often requires urgent legal action.
Defences Available in Firearms Cases
There are several defences that a firearms lawyer may use to fight gun charges in Ontario, including:
- Unlawful search and seizure (Charter violations)
- Lack of knowledge or control over the weapon
- The object in question was not a “firearm” under the Criminal Code
- Entrapment or improper police conduct
- Errors in forensic analysis or classification
- Violation of storage, handling, or licensing rules without intent
Each case is unique. A successful defence strategy depends on the specific facts, available evidence, and how early you involve a defence lawyer.
Schedule a Free Consultation With a Firearms Lawyer in Toronto
If you’ve been charged with a firearms offence in Toronto, it’s important to act quickly. These charges are serious and often carry mandatory jail time, even for first-time offenders. The sooner you speak with a lawyer, the better your chances of building a strong defence.
At Lichtman Law, we have extensive experience defending individuals charged with firearms and weapons-related offences. We’ll review your case thoroughly, explain your rights, and work tirelessly to minimize or eliminate the consequences.
Schedule your free consultation today and take the first step toward protecting your future.